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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Rule 3341-1-07 | Delegation of Contract and Signatory Authority.

 

(A) Policy statement and purpose

The purpose of this policy is for the president to sub-delegate, to other university administrators, certain authority to bind the university as vested in the president by the board of trustees. It identifies the university employees who have been sub-delegated the authority to execute contracts and other legal documents that are binding on the university.

Ohio law vests the governance of Bowling Green state university in the board of trustees. The board of trustees has adopted by-laws which provide for the appointment of the university president who serves as the university's executive officer. Among the powers the board has resolved to delegate to the president is the authority: to bind the university to certain contracts; to execute other legal documents or obligations; and to take certain personnel actions. This delegation excludes those contracts and actions that by law or board action are reserved to the board, which are listed in paragraph (F) of this policy. In this policy, the president sub-delegates the contract making and other signatory authority to specific authorized university officials for each contract and legal document type specified.

The university shall not be bound to any contract or legal document or other obligation made by any individual acting outside the express authority stated by this policy notwithstanding any representations or misrepresentations that may be made about the individual's apparent authority. University employees or agents signing agreements or otherwise attempting to bind the university without first obtaining authority may be personally liable for that contract or legal document, may be subject to legal action, and may also be subject to university disciplinary action up to and including termination of employment.

(B) Policy scope

This policy applies to all university employees when acting on behalf of the university.

This policy does not apply to signatures or approvals required for internal university transactions and processes (e.g., time reports, purchase card (P- card) transactions, space reservations, or purchase orders, etc.).

Principal delegations of contract signatory authority are indicated in paragraph (E) of this policy. Sub-delegations of that authority may be made only where authorized by this policy. When permitted, sub-delegations may be made only through written letter to the individual.

Authority to sign a legal document or bind the university to a contract of a type specified in paragraph (E) of this policy is granted to the persons holding the applicable BGSU position identified in that paragraph.

All contracts for purchases of goods or services, including grant-funded purchases, must follow the policy in rule 3341-6-38 of the Administrative Code (purchasing, sales, and disposal of university property and asset control) and other applicable university policies. Having signatory authority does not exempt a purchase from following university procurement policies and processes.

Questions concerning the scope and application of the policy should be directed to the office of general counsel. Specific operational questions may be directed to the employee's immediate supervisor.

(C) Policy definitions

(1) A "contract" is any agreement between the university and another party or parties which is enforceable at law. A university contract will most often involve employment, the sale or purchase of goods, services or real property, or the creation of legal relationships with other entities. An amendment to or renewal of an existing agreement or an order issued under a master agreement is also considered to be a "contract."

(2) A "legal document" is any document requiring a signature which is not a contract, that expresses an official action of the university. Executing a legal document changes the university's legal relationship with that person or entity.

(3) "Professional Services" or "Consulting" are services involving special training, skills or experience that the university provides to external entities or procures from outside sources. Examples of professional services providers include architects, designers, and engineers.

(D) Policy

The authority to sign contracts and other legal documents not retained by the board is delegated to the university president who may delegate that authority to specified university officers through this policy.

(1) Delegation to a position. The delegations of authority set forth in this policy are to the position, not to any specific individual. A person in the particular position on an acting or interim appointment assumes the same signing authority as if he or she held the position on a permanent basis. Sub-delegations of signatory authority as permitted by paragraph (E) of this policy must be in writing and maintained by the individuals making and receiving the sub-delegation with a copy to the office of general counsel.

(2) Implied representations by signing. When a person signs a contract or legal document, the signer makes the following implied representations to the university:

(a) The signer is acting within their delegated authority.

(b) The signer has performed an appropriate investigation and inquiry and is satisfied that:

(i) The obligations or promises set out in the contract or legal document conform to university policies, including, but not limited to, policies relating to purchasing and restricting business transactions with university employees and their family members and business associates.

(ii) The obligations assumed by the university in the contract or legal document are consistent with the university's mission, including its business purposes.

(iii) There is no real or potential conflict of interest or there has been adequate disclosure and vetting of any potential conflict of interest.

(iv) The benefits to the university from the transaction are necessary, appropriate, and outweigh the potential risks to the university.

(v) The signer has consulted with appropriate personnel within the university (e.g., finance and administration, purchasing, general counsel, risk management, etc.).

(vi) The agreement does not conflict with existing university agreements.

(vii) The signer has complied with all applicable pre- contract procedures, such as competitive bidding procedures.

(3) Signing own name. Those employees delegated or sub-delegated the authority to sign contracts or legal documents must sign their own names and titles.

(4) Electronic affirmation allowed. When electronic affirmation to bind BGSU to an obligation is used, the person authorizing the obligation must memorialize the essential terms of the transaction in writing or in a secure electronic fashion. Printing out a receipt for an on-line purchase provides an adequate memorial of the transaction.

(5) Conflicts. A person with delegated authority may not sign any contract or legal document or obligate the university to an agreement in which they may have a personal interest preventing objective analysis or may receive a personal advantage or benefit. Contracts and legal documents in this category must first be reviewed to determine whether the conflict is manageable and for compliance with other university policy and Ohio ethics law, and if acceptable must be authorized by the person with authority at the next highest organizational level.

(6) Contracts must be in writing.

(E) Delegations

In addition to the university president, the persons holding the following positions are hereby delegated authority to sign contracts and other legal documents on behalf of Bowling Green state university. No other persons are authorized to sign contracts and other legal documents for or on behalf of the university. No sub-delegations of authority other than those listed below may be made without written approval of the president.

ContractTypeSignature Authority
AccreditationAgreementsProvost
Advertising ContractsContracts less than $50,000: Assistant Vice President forMarketing and Brand Strategy. Firelands advertising contracts less than $15,000- Dean of Firelands Campus
Affiliation Agreements, except clinical affiliationagreementsProvost ordelegee
ArticulationAgreementsProvost ofdelegee
Athletic Events(game contracts, broadcast, etc.) and Athletic Suite LicensesContracts less than $50,000: Director of Athleticsof delegee
Athletics -NIL agreements with student-athletesDirectorof Athletics or delegee
Clinical affiliation agreements (including agreements forstudent internships, co-ops, and practicums)Provostor Deans of the Colleges
Club Sports (excluding capital improvements, maintenance,custodial, etc.) (For facility use see Facility Rentals) Contracts less than $50,000: Director of StudentEngagement
CollegeCredit Plus program agreementsProvost or delegee
Commercialization agreements for university intellectualproperty not subject to the Patent Policy Commercialization agreements foruniversity intellectual property that is subject to the Patent Policy NOTE:Commercialization agreements are with faculty-led start-up businessesVPR See paragraph (F)
Construction Contracts(new construction and alteration of existing facilities) CFO (upon Board approval asrequired)
ConsultingContracts where the university is purchasing consulting services.Provost or CFO or PurchasingDepartment per CFO delegation
Consulting Contracts where the university is providingconsulting services or testingProvost, CFO, CPO, or VPR
Continuing Education Instructor/ Non- Credit InstructorContractsDeans of theColleges
CopyrightLicensing or Transfer (University-owned copyright)VPR
Diningagreements, institutionalCFO orDelegee
Easements forhighway or utility purposes; transfers of jurisdiction between stateentitiesCFO
Employee Benefit AgreementsCFO or delegee
Employment Actions (including appointments andcontracts)By type and subject tocompliance with university budget control procedures: Faculty - Deans of theColleges (with tenure and promotion actions subject to Board of Trusteesapproval) Administrative Staff assigned to the Colleges- Deans of the CollegesAdministrative Staff within their respective areas of responsibility -VicePresident/ /CHRO/Chief Well-Being Officer/General Counsel/CPO All classifiedStaff and all non-continuing appointments - CHRO Vice Presidents - Seeparagraph (F) Employment actions not listed here or in paragraph (F) -President or delegee
Enrollment management services contractsLess than $100,000 -- Vice President forEnrollment Management
Equipment rental Equipment rental for academic use Equipmentrental for student organizations CFO or delegee Deans of the Colleges Less than $15,000 -Directorof Student Engagement $15,000 or more -- VPSES
Events, conferences, off campus (facility rentals,transportation, catering etc.).Alumni and Advancement - VPUA Academic or Student Affairs;Inclusion and Belonging; Research Event costs $15,000 or more- Provost Eventcosts less than $15,000 - Deans of the Colleges (academic) AVSES or delegee(student affairs) ), VPR (research) All others - CFO or delegee
Facility Rentals (BGSUfacility licensed to outside parties) NOTE: When rental involves a PerformingArtist, defer to Performing Artist section Facility Manager* or delegee *Ice Arena, FieldHouse, Rec Center, Stroh All other facilities should be rented throughConference and Event Services
Financial management, investment advisor contractsUpon Board authorization,CFO
Financial ObligationContracts (e.g., contracts related to issuance of debt)Upon Board authorization,CFO
FireSchool1. Waiver and indemnificationfor Loan of Academy Equipment - CFO or delegee 2. Memo of Understanding for useof equipment - CFO or delegee 3. Charter for Fire Training from Ohio Departmentof Public Safety - Provost 4. Training proposals/bids - Dean or delegee 5.Contract for use (destruction) of structure for fire training - CFO or delegee6. Application for Burn Permit (EPA) - CFO 7. Instructor Contracts - Dean ordelegee 8. Lease or Purchase of equipment and Independent Contractor Agreementsusing the university's standard ICA form - CFO or delegee.
Gift Agreements orPledgesVPUA
Goodsor Services Contracts through BGSU Purchasing DepartmentCFO or delegee
Grant and Sponsored ProjectAgreementsVPR ordelegee
Grant andSponsored Project Proposal SubmissionsVPR or AVP, Research and Innovation ordelegee
Immigration/VisaSubmissions for Employer Sponsored Work AuthorizationGeneral Counsel ordelegee
IndependentContractor Agreements using the university's standard ICA form (such as forspeakers, individual providers of professional services not otherwise providedfor)Fee $15,000 or more - Provostor CFO; Purchasing Department per CFO delegation Fee less than $15,000 - VicePresident, Dean, Executive Director, or AVP Student Engagement - VPSES ordelegee Firelands - Dean or delegee. CFO or delegee
Insurance Contract Renewals and/or changesInsurance Claim Releases (university as releasor) CFO or delegee CFO or delegee
Labor AgreementsSee paragraph (F)
Leases: Capital or Long-Term Lease of realproperty, space or equipment (university as lessor or lessee) Leases:Non-Capital or Short-Term lease of equipment License agreements allowing use ofuniversity land (other than facility rentals) CFO CFO or delegee CFO or delegee
Legal Opinions; Legal Documents Required toComplete Business Transactions Releases and Claim Settlement DocumentsGeneral Counsel or delegee Lessthan $50,000 - General Counsel or delegee or Director of Risk Management$50,000 or more - CFO or delegee
Library AcquisitionsDean of Libraries
Maintenance and service of Equipment and PhysicalPlantCFO or delegee, except: Forcontracts to be paid from the Student Affairs budget, VPSES or delegee. (VPSESto notify CFO)
Maintenance and repair of scientific/research/instructionalequipmentLess than $15,000 - Deansof the Colleges $15,000 to $100,000 - Provost $100,000 or more - CFO
Material TransferAgreements; Data Use Agreements VPRor AVP, Research and Innovation
Medical Devices purchased by Speech and Hearing Clinic fordispensingChair, CommunicationsSciences
MusicCommissioning and Publication AgreementsLess than $15,000 - Dean of the College of Musical Arts $15,000or more - Provost
Non-Disclosure AgreementsVPR or AVP, Research and Innovation CFO or delegee
Patent Licensing orTransfer; including licensing or transfer of rights for other discoveries orinventions Note: Licensing or transfer to a faculty-led start-up is by acommercialization agreement Seeparagraph (F)
PerformingArtist/Promoter Contracts Licensing of Performance Rights By venue and by type Stroh Center or other Athletics facilities- Director of Athletics College of Musical Arts venues - Dean of the College ofMusical Arts Wolfe Center for the Performing Arts/School of Art venues - Deanof the College of Arts and Sciences Bowen-Thompson Student Union - CFO StudentActivities - VPSES or delegee Firelands - Dean of Firelands College
ProfessionalAssociations -- Institutional membershipsAcademic memberships - Provost or delegee All others - VicePresident, CINO, CFO, CHRO or delegee
Real Estate Purchase or LeaseCFO per Board Resolution currently ineffect
Recognized StudentOrganizations (see Policy in rule 3341-2-36 of the Administrative Code)Less than $15,000 -Director ofStudent Engagement $15,000 or more - VPSES
Recreation and Wellness (excluding capitalimprovements, maintenance, custodial, etc.) (For facility use see FacilityRentals) Contracts less than$50,000: Chief Well-Being Officer or delegee
Research and Sponsored ProjectsVPR or AVP, Research and Innovation or delegee
ResearchComplianceVPR, InstitutionalOfficial (IO), or delegee
Residence Hall license agreements withstudents/parentsCFO ordelegee
Sale of SurplusPropertyCFO ordelegee
Serviceagreements other than consultingCFOor delegee; Purchasing Department per CFO delegation
Software/SAAS/Web-Based ServiceLicense/Subscription Agreements and all ITS Related ServicesLess than $100,000 - Chief Information Officer orPurchasing Department per CFO delegation $100,000 or more - CFO
Technology TransferAgreements for technology not subject to the Patent PolicyVPR or AVP, Research and Innovation
Other contracts and legal documents not otherwiseprovided for President's writtendelegation; also see paragraph (D)(1)

(F) Contracts requiring board involvement

The following types of contracts require reporting to or authorization or approval by the Board of Trustees.

ContractTypeSignatureAuthority
Commercialization agreements for university intellectualproperty that is subject to the Patent Policy NOTE: Commercializationagreements are with faculty-led start-up businesses President after reporting to Board of Trustees;after this reporting, President may delegate to VPR
Employment Actions (including appointments andcontracts)Vice Presidents -President (subject to Board of Trustees approval)
Labor AgreementsPresident after receiving Boardauthorization
PatentLicensing or Transfer; including licensing or transfer of rights for otherdiscoveries or inventions Note: Licensing or transfer to a faculty-led start-upis by a commercialization agreement President after reporting to Board ofTrustees

(G) General counsel review and approval

Contracts involving the following subjects must be reviewed and approved as to legal form by the office of general counsel. No contract of these types may be signed on behalf of the university unless it has first been approved as to legal form by the office of the general counsel and that approval is indicated on the face of the contract or otherwise signified in an auditable manner. Those purchases that are authorized for purchase on a P-card are not subject to this requirement.

(1) Contracts involving the sale or lease or licensing of real property;

(2) Contracts for which the total financial value is greater than one hundred thousand dollars;

(3) Contracts with a term greater than two years;

(4) Contracts for affiliation with other institutions or for foreign study;

(5) Contracts for insurance;

(6) Employment agreements providing for deferred compensation benefits other than those administered by human resources;

(7) Contracts involving ownership or licensing of BGSU patent, copyright, trademark, or other intellectual property;

(8) Gift agreements; and

(9) Contracts containing clauses related to:

(a) Defense, indemnification, or hold harmless provisions

(b) Limiting the amount or types of liability of the other contracting party, its subcontractors, agents, or successors if the contract amount exceeds one hundred thousand dollars;

(c) Establishing the choice of law, forum, or dispute resolution means (such as arbitration);

(d) Automatic renewal if the annual fee exceeds fifty thousand dollars;

(e) The university providing or requiring proof of insurance;

(f) The acceptance of another party's risk or liability or requiring the university to provide a warranty;

(g) Confidentiality, unless there is an exception for public records requests;

(h) Sovereign immunity.

(H) General counsel review not required

Contracts in the following categories do not require general counsel review prior to execution if they satisfy the following requirements:

(1) Contracts that follow exactly a form which has been previously approved, as a form, by the office of general counsel (for example, a purchase order form to which no special language has been added, or categories of contracts which, in the general counsel's written opinion, do not require legal review); and

(2) Contracts that the office of the general counsel has declined to approve but that are approved by either

(a) The president, or

(b) Any two vice presidents when they are satisfied that, as a matter of policy, signing the contract will be in the best interest of the university;

(3) Sponsored project agreements, including grants, awards, and contracts, executed by the division of research, provided that they:

(a) Do not include any clauses related to defense, indemnification, hold harmless provisions, or limitations on liability unless the included language for such a clause was previously approved by the office of general counsel;

(b) Do not contain provisions that establish choice of law, forum, or means of dispute resolution unless the included language for such a clause was previously approved by the office of general counsel;

(c) Do not involve the licensing of intellectual property or the transfer of ownership of a university patent, copyright, or trademark; and

(d) Adhere to the standard terms and conditions for sponsored projects as established by the division of research and approved by the office of general counsel.

(I) Abbreviations:

(1) AVP - assistant/associate vice president

(2) CFO - chief financial officer and vice president for finance and administration

(3) CHRO - chief human resources officer

(4) CPO - chief partnership officer

(5) VPR - vice president for research

(6) VPSES - vice president for student engagement and success

(7) VPUA - vice president university advancement

(J) This university policy supersedes all previous university policies and communications concerning contract and signatory authority.

(K) Related policies

(1) 3341-1-02 ethical conduct and professional workplace behavior.

(2) 3341-6-38 purchasing, sales, and disposal of university property and asset control.

(3) 3341-7-02 copyright.

(4) 3341-7-03 patent policy.

(5) 3341-7-06 commercialization.

Last updated October 31, 2025 at 7:38 AM

Supplemental Information

Authorized By: 3341.
Amplifies: 3341.
Prior Effective Dates: 3/16/2015, 5/6/2015, 5/3/2016, 9/9/2016, 5/4/2018, 2/18/2019, 5/31/2021, 6/2/2021, 8/17/2023